Subscribe to this list via RSS Blog posts tagged in sexual assault

texas criminal defense lawyerIn 2017, the #MeToo movement exploded on social media, encouraging those who have experienced sexual assault to share their stories. In the years since, the #MeToo movement has sparked a wave of change in many states as to how they define, charge and prosecute sexual assault offenses. In many cases, consent has been a hotly debated issue in sexual assault cases. Most states -- Texas included -- have various laws and stipulations pertaining to what consent means, who can give it, and whether or not it is a defense against sexual assault charges. 

What is Consent in Texas?

According to Texas law, sexual assault occurs when a person intentionally and/or knowingly performs a sex act or causes another person to perform a sex act on a person who does not give their consent. Because consent is such a crucial part of sexual assault cases, it is important to understand what consent means. Texas law states that consent is not given if:

  • The perpetrator makes the victim submit to sex acts through the use of or threat of use of force, coercion, or physical violence

    ...
Last modified on

Texas Woman Falsely Accuses Officer of Sexual Assault During DWI ArrestPolice officers have a responsibility to behave professionally and respect the rights of a person they suspect of committing a crime, such as driving while intoxicated. Police misconduct during an arrest can force prosecutors to dismiss criminal charges or a court to find in favor of the defendant. Dashboard and body cameras are meant to keep police officers accountable by recording visual and audio evidence of what happened during the arrest. However, those investigating alleged police misconduct can also use video evidence to disprove a false claim. For instance, video footage seems to debunk a Texas woman’s allegation that a police officer sexually assaulted her during her DWI arrest.

Allegations

A police officer stopped a 37-year-old Texas woman in May for a traffic violation, which led to her arrest on suspicion of DWI. The woman’s family reportedly contacted a civil rights attorney because the woman claimed that the arresting officer sexually assaulted her and threatened violence. The accusations included that:

...
Last modified on

Office

Bexar County

In the historic King William District

1011 S. Alamo,
San Antonio, Texas 78210
210-226-0965
888-726-5625 Toll Free
210-226-7540

Office

Guadalupe County

109 Court Street,
Seguin, Texas 78155
830-372-1522
888-726-5625 Toll Free